Criminal Law VS Civil Law Essay

824 Words Dec 31st, 2013 4 Pages
Running head: Compare and Contrast Civil with Criminal injuries

Compare and Contrast Civil with Criminal injuries
Nora Kelgin
October 19, 2013

Tort Actions
A tort actions is a form of civil law, which are intentional tort, torts of negligence, and strict liability torts, the vast majority of legal issues in the United State involve this, such as divorce, child custody, child support, domestic dispute, consumer problems, defamation, and injuries due to a person by another person. You can fine a civil lawsuit yourself or have an attorney do it for you, in this case you become the plaintiff and the other person will be the defendant. In most situations a civil lawsuit is filed for the purpose of
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Criminal law suits are made on behalf of the state or government, the purpose of which is to punish individuals who comment crimes. Tort law serves private parties, their intent is to distribute compensation to the wronged party. The other major difference between them is the burden of proof.
Burden of Proof
In civil lawsuit, the standard of proof is either proof by clear and convincing evidence known as preponderance. A preponderance of the evidence simply means that one side has more evidence in its favor than the other. However, in a criminal lawsuit clear and convening proof is the standard burden of proof it is known as beyond a reasonable doubt. This evidence must establish a high probability that the fact presented can be proven true. The main reason that the proof standard of reasonable doubt is used in criminal trials is that such proceedings can result in more severe consequences such as the deprivation of a defendant's liberty or even in his or her death. These outcomes are far more severe than in civil trials, in which momentary damages are the common end result. The major difference in the two burdens of proof is that in a criminal suit the evidence must allow no other logical explanation to be derived from the facts presented except that the defendant committed the crime, thus overcoming the presumption that a person is innocent until proven

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